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Whether you’re going through a divorce now or you’re interested in changing an existing spousal support arrangement, you need the help of an experienced lawyer to seek the fair outcome you deserve. A good divorce attorney can not only advise you on the best strategies to employ, but can also provide emotional support during what’s sure to be a challenging time. Let Myers & Wallace, LLP, be the advocate you need at this critical juncture.
From our law office in Fort Wayne, the attorneys of Myers & Wallace, LLP, serve clients in Northeast Indiana. We’re prepared to serve you, too. Contact us now for an initial consultation with a spousal support lawyer, and let us provide the personalized services to make your case go smoothly.
Courts can award spousal maintenance in several situations. An attorney can advise you about whether a court may award spousal maintenance in your circumstances. Spousal maintenance can be appropriate if any of these issues are present:
When you engage a law firm to handle your divorce, the lawyer who takes your case will explain the details of spousal support. If necessary, they can file an application for spousal support for you with the court, or they can argue against paying spousal support to your soon-to-be-ex.
Temporary support maintains the financial status quo during a divorce. This support helps the dependent spouse maintain their standard of living and cover basic expenses, such as housing, utilities, and daily necessities. Temporary support ends once the court finalizes the divorce, but it can be adjusted in the meantime if there are significant changes in circumstances.
Before awarding temporary support, the court considers the dependent spouse’s income, expenses, and financial needs.
Courts will consider a variety of factors when deciding whether to award spousal support in Fort Wayne. Under Indiana Code Title 31-14-7-2, the court can consider:
A lawyer from a law firm that practices family law can answer any questions you have about the potential that you may receive or have to pay spousal support.
Each type of spousal maintenance lasts for a different length of time. A court can award temporary maintenance while your divorce is ongoing, and it lasts only until your divorce is final. Rehabilitative maintenance may last for up to three years so that the dependent spouse can obtain sufficient education or job training to support themselves.
Maintenance granted due to the dependent spouse’s incapacity continues indefinitely. However, some circumstances can terminate the spousal support. If the dependent spouse becomes employed or remarries, the other court can terminate spousal maintenance. The support will not terminate automatically. You’ll need an attorney from a reputable law firm to petition the court to terminate the maintenance.
Under Indiana law, a spouse can petition for a modification of the spousal support they are paying, but only in specific situations. One such situation is when an ongoing, substantial change in circumstances makes the terms of the support order unreasonable.
You can petition to terminate spousal maintenance. In addition to the remarriage or reemployment of a dependent spouse, you may petition the court to terminate maintenance if you lose your job or suffer a significant reduction in income.
If you’re the dependent spouse and your ex isn’t paying as ordered, you can enforce the court’s order through legal action. Even though it is possible to handle these petitions yourself, your wisest choice is to engage a lawyer from a firm that practices family law. Such a lawyer knows the procedures for requesting enforcement and the local courts and judges’ preferences. This knowledge can smooth the way for a successful petition.
If your divorce is amicable, you and your spouse may be able to agree on who will pay spousal maintenance and the amount before you reach the divorce court. If so, you can include your agreement in a separation agreement that the court can review and approve.
Emotions run high in many divorces, though, so if you and your spouse cannot come to terms about spousal maintenance on your own, you might choose to attempt to resolve your differences through mediation. In some cases, a court might order you to attempt mediation.
Either way, mediation is an alternative dispute resolution process. A neutral third party, the mediator, will facilitate discussions between the parties. Mediation usually takes place in an informal setting, such as a boardroom or a lawyer’s office. Both sides can bring their attorneys to the mediation. The parties will be in separate rooms, and the mediator will go back and forth between them. The mediator makes no decisions, but suggests options that may not have occurred to the parties. If you and your spouse reach an agreement, the mediator or one of the lawyers will write down the agreement, and the parties can sign it.
Mediation doesn’t always produce a result. If you cannot agree on the amount of spousal support or any other issues in dispute, your divorce will proceed to trial.
When you and your spouse have decided it’s time to divorce, you need the support of an experienced lawyer who practices family law. You need Myers & Wallace, LLP. We’re proud to serve clients across Northeast Indiana, providing them with the personalized legal services they need to make their cases go smoothly. When you work with our Fort Wayne law firm, you get the full benefit of more than 50 years of combined experience. We care about your interests and are dedicated to protecting your privacy. We’ll promptly return your calls and keep you updated on the status of your case.
Call us today or contact us online for a consultation about how our spousal support attorneys can help you.
Myers & Wallace, LLP helps with a wide variety of legal needs throughout Indiana. If you need assistance for a case relating to employment law, civil rights, criminal defense or personal injury call us at 260-424-0600 so we can get started on developing your personalized strategy.
